COVID-19 & Clery Act Compliance
News and Updates
The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1st. This ASR must include statistics of campus crime for the preceding 3 calendar years, plus details about efforts taken to improve campus safety.
In 1990, President George H.W. Bush signed into law the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The Clery Act "requires colleges and universities to record campus crime statistics and safety policies. These security reports must be disclosed to current and prospective students and employees at a campus." - Clery Center
The Santa Clara University Campus Community will be provided complete, accurate and timely information about crime and the safety of our campus environment. With this information, students, staff and faculty will be better equipped to make informed decisions to keep themselves safe.
Santa Clara University is required under Federal Law to compile and publish an Annual Security and Fire Safety Report for statistics regarding the occurrence of certain criminal offenses reported to campus safety, local law enforcement or a designated Campus Security Authority as well as fires.
Under the Clery Act, Campus Safety Services will immediately notify the campus community about any crimes which pose an ongoing threat to the community via phone, sms text, e-mail and/or an outdoor emergency speaker system.
What the Clery Numbers Do and Do Not Say
- Statistics compiled for the annual security report and shared with the Department of Education DO INCLUDE those reported to the “campus security authorities”, such as campus police or security, a coach, an advisor to a student group or a dean of students.
- These statistics DO INCLUDE incidents documented by Residence Life Staff of students violating campus policies that are also violations of laws captured under Clery.
- These statistics DO INCLUDE all reports to campus security authorities of Clery crimes that occurred within Clery geography, regardless of whether the individual reporting was a member of the campus community.
- These statistics DO INCLUDE all reports to campus security authorities of Clery crimes that occurred within Clery geography, regardless of whether the person chose to move forward with the criminal justice or campus disciplinary process.
- These statistics DO NOT always represent incidents shared with confidential resources on campus such as a counseling center. Pastoral and professional counselors are exempt from Clery reporting, although many institutions have procedures encouraging pastoral and professional counselors, if and when they deem it appropriate, to inform the persons they are counseling of any procedures to report crimes on a voluntary, confidential basis.
- These statistics DO NOT include incidents that were not reported to the institution.
- These statistics DO NOT reflect incidents reported that occurred in areas that are not Clery geography (such as at an off-campus party at a location not owned or controlled by the institution, an incident that occurs at a local bar or club, or an incident that occurs in the hometown of a student).
The Clery Act and our Campus Community:
Santa Clara University encourages all its community members to report criminal incidents to Campus Safety Services, the Santa Clara Police Department or a Campus Security Authority (CSA). For more information on who is a CSA, what are Clery Reportable Crimes and what is considered Clery Geography, please see below
For questions regarding the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, please contact the Santa Clara University Risk and Compliance Coordinator at firstname.lastname@example.org
View more information about Risk Management & Compliance at the University
Acknowledgements: "What the Clery Numbers Do and Do Not Say" copy by the Clery Center, 2018
Who are Campus Security Authorities
The Jeanne Clery Act defines a Campus Security Authority (CSA) as individual with "significant responsibility for student and campus activities." This effectively includes employees of a campus police department, other individuals with campus security responsibility, and other officials who work closely with students in areas such as athletics, health care, and student life.
It is important that people who are identified as CSAs comply with the Jeanne Clery Act reporting requirements.
Examples of individuals who generally meet the criteria for being campus security authorities include:
- Dean of students for student housing and resident life
- Director of athletics, all athletic coaches (including part-time employees)
- A faculty advisor to a student group
- A student resident advisor or assistant
- Title IX coordinator
- Director of a campus health or counseling center
Who is NOT a CSA:
Not every employee is a Campus Security Authority. Clerical staff, accounting and IT personnel, and faculty without responsibilities beyond classroom instruction are generally not designated as CSAs. However, though individuals may not designated as CSAs, they are strongly encouraged (but not obligated) to report Clery qualifying crimes to Campus Safety Services
Clery Reportable Geographic Locations
CSAs should immediately report crimes that occur at any location that is owned, leased or controlled by Santa Clara University in the following categories:
On Campus property:
Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
Any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).
In plain language: An institution’s core, main campus.
On Campus Residential:
Residence halls or other University-owned residences.
Public property immediately adjacent to, within, or surrounding one’s on-campus geography.
In plain language: The public property that immediately borders and is accessible from the campus. (For many institutions, this is the public sidewalk that borders the campus, the public street, and the public sidewalk on the other side of the street.) It also includes public property within the core campus.
Non Campus property:
Any building or property owned or controlled by a student organization that is officially recognized by the institution; or
Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
In plain language: Noncampus properties are those that are not contiguous to the core campus but are used by students for the educational purposes of the institution. Noncampus does not mean “off campus”; it refers to specific properties owned or controlled by the campus or by a student organization officially recognized by the campus. Noncampus does not automatically refer to all surrounding neighborhoods of a college campus, nor does it include all properties that students happen to rent.
View the Santa Clara University Main Campus Clery Geography Map 18-19
Acknowledgements: "In plain language" copy by the Clery Center, 2018
What are Clery Reportable Crimes
A crime is considered “reported” when it is brought to the attention of a CSA, Campus Safety Services or local law enforcement by a victim, witness, other third party, or even the suspect. It does not matter whether or not the individual(s) involved in the crime, or reporting the crime, are associated with the University.
If a CSA receives information about a crime, it should be documented by notifying Campus Safety Services and/or filling out the CSA Reporting Form. CSA's are not responsible for investigating the crime or determine whether a crime took place. CSA's should NEVER try to apprehend an alleged suspect or convince a victim to contact Campus Safety or local law enforcement if the victim chooses not to do so.
Reportable Clery Act Crimes:
- Criminal Homicide (Murder and Non-Negligent Manslaughter, Manslaughter by Negligence)
- Sexual Assault (Rape, Fondling, Incest, and Statutory Rape)
- Domestic Violence
- Dating Violence
- Aggravated Assault
- Motor Vehicle Theft
Classifying Hate Crimes under the Clery Act (or other bias related incidents involving the aforementioned classifications as well as larceny-theft, intimidation, simple assault, and/or damage/destruction/vandalism of property). The following information is adapted from the FBI’s Hate Crime Data Collection Guidelines and Training Manual:
- Before an incident can be classified as a Hate Crime, sufficient objective facts must be present to lead a reasonable and prudent person to conclude that the offender’s actions were motivated, in whole or in part, by bias
- The examination of each case for facts that clearly provide evidence that the offender’s bias motivated him or her to commit the crime
- It is the perception of the offender, not the perception of the victim that determines whether a crime is classified as a Hate Crime. Also, knowing that an offender is prejudiced is not enough to classify a crime as a Hate Crime. There must be evidence that the offender was motivated by that prejudice to commit the crime
Note: The Annual Security and Fire Safety Report (ASR) also includes statistics for liquor, drug or weapons violations resulting in an arrest or referral. This does not include public drunkenness and driving under the influence.
Full Clery Act Crime Definitions
If you are unsure whether an incident is a Clery Act crime, or if there is any doubt as to whether a crime is reportable, you should err on the side of reporting the matter.
Remember, Campus Security Authorities should immediately report crimes that occur at any location that is owned, leased or controlled by Santa Clara University
SCU Campus Alerts: Emergency Notifications & Timely Warnings
Under the Clery Act, colleges and universities use timely warnings and emergency notifications to inform the campus community of potential threats against which they can take preventive measures. These ongoing disclosure requirements, when implemented, can help to create and promote a safe campus environment.
The decision to issue a “timely warning” or an “emergency notification” will be decided on a case-by-case basis in compliance with the Clery Act and after consideration of available facts. The issuance of a timely warning may depend on the nature of the crime, the continuing danger to the campus community, and possible risk of compromising law enforcement efforts. Similarly, the issuance of an emergency notification depends upon the particular health or safety threat.
Timely Warnings may include:
- Clery Act crimes that occur within geographic area (on-campus, non-campus, public property)
- Crimes reported to a campus security authority, CSS or SCPD
- Serious or continuing threat to the campus community
- Must reach entire geographic area Warning issued as soon as pertinent information is available
Emergency notifications may include:
- Any significant emergency or dangerous situation (ex. natural disaster, environmental hazard, armed intruder)
- Crimes committed anywhere on campus
- Sent to entire campus or segments of campus
- Alert issues immediately upon confirmation
Register and learn more about SCU Campus Alerts HERE
The Intersection of Title IX and the Clery Act
The purpose of the chart below is to clarify the reporting requirements of Title IX and the Clery Act in cases of sexual violence and to resolve any concerns about apparent conflicts between the two laws.
Note: to date, the Department of Education has not identified any specific conflicts between Title IX and the Clery Act.
View the Title IX & Clery chart
More information about Title IX is available at the Office of EEO and Title IX
Santa Clara University has selected EthicsPoint to provide a simple and direct way to anonymously and confidentially report activities that may involve criminal, unethical, or otherwise inappropriate behavior in violation of the University's policies.
Student Travel and the Clery Act
Student Travel and Study Abroad
Pursuant to the Clery Act, the University on an annual basis is required to disclose certain reported crime statistics that occur during University sponsored / arranged domestic and international student trips.
Santa Clara University community members who are administratively responsible for domestic and international student trips are expected to report student trip information to the University Clery Act Coordinator regardless if any Clery Act reportable crimes occurred on a trip using the Travel Report Form
If the study travel program is at a location or facility that the University doesn't own or control, crime statistics are not included. However, if the University rents or leases space for students in a hotel or student housing facility, the University "controls" that space for the time period covered by the agreement.
Note: Host family situations do not normally qualify as non-campus locations unless there is a written agreement with the family that gives the university some significant control over space in the family home.
To review what constitutes a Clery Act Reportable Trip, please reference this Non-Campus Matrix
Clery Act Compliance Task Force
The Santa Slara University Clery Act Compliance Task Force is an interdisciplinary team of stakeholders charged with overseeing Santa Clara University’s compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act [20 usc § 1092(f)]. The task force shall review and make recommendations regarding university policies and procedures to ensure compliance with the clery act.
The task force shall meet at least once each academic year and more regularly as needed. complying with applicable laws, regulations and policies is a shared responsibility of each member of the university community and is central to the advancement of the university’s mission and core values. Additional campus community members may be added on an ad hoc basis.
Missing Person Notification Policy
In compliance with the Clery Act and the Higher Education Opportunity Act, the Missing Person Notification Policy addresses the manner in which the University will proceed in the event that a student is believed to be missing.
A “missing student” is a currently-enrolled Santa Clara University student who is reported missing and residing in an on-campus student housing facility under a University housing agreement. A resident student is considered to be missing if the student’s whereabouts have not been established for a period of 24 hours, or if there is information within the 24-hour period that suggests the student is missing. (Campus Safety Services Policy 307)
Reports of missing students or any concern that a resident student is missing should be immediately directed to representatives of the following:
- Campus Safety Services at 408-554-4441 (24 hours a day, 7 days week)
- Office of Student Life at 408-554-4583 (during normal business hours)
- Office of Residence Life at 408-554-4900 (during normal business hours)
- Resident Directors, Assistant Resident Directors, Assistant Area Coordinators, and Community Facilitators
Note: Students, Staff and Faculty, please remember to enter your emergency contact information at eCampus (SCU Login Required)
Santa Clara University Campus Safety Plan
California Annual Safety Plan Report - Complying with Education Code 67380(a)(1) & (a)(4)
67380 requires all institutions of higher education receiving funds for student financial assistance to compile statistics and submit a report about crimes committed on campus that involve violence, hate violence*, theft, destruction of property, illegal drugs, or alcohol intoxication.
Campuses must also report noncriminal acts of hate violence yearly to the California Legislative Analyst. This law expands the scope of which acts must be reported pursuant to the federal Clery Act:
Further, the law requires any written record of a noncriminal act of hate violence to include, but not be limited to, the following:
- A description of the act of hate violence
- Victim characteristics
- Offender characteristics, if known
* “Hate violence” means any act of physical intimidation or physical harassment, physical force or physical violence, or the threat of physical force or physical violence, that is directed against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, sex, sexual orientation, gender identity, gender expression, disability, or political or religious beliefs of that person or group
Drug Free Schools and Communities Act
The Drug-Free Schools and Communities Act (DFSCA)
The U.S. Department of Education’s supporting regulations require that IHEs (Institutions of Higher Education) adopt and implement programs “to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by all students and employees on school premises or as part of any of its activities” (EDGAR Part 86 Subpart A 86.3). -The Higher Education Center for Alcohol and Other Drug Abuse and Violence Prevention Education Development Center, Inc.
Recordkeeping requirements include keeping a copy of the biennial review and other compliance documents for three years after the fiscal year in which the record was created 34 C.F.R. § 86.103(b).
Santa Clara University's Risk and Compliance Coordinator will, as a part of compliance with the Clery Act, in the production of the Annual Security and Fire Safety Report, districbute the DFSCA Annual Notification by print (on demand) and electronic means.
For more information on the DFSCA HERE
SCPD Crime Statistics and UCR Reporting
Crime Statistics for the City of Santa Clara
Part I Crimes occur with sufficient frequency to provide an adequate basis for comparison. These totals are submitted monthly to the State of California Department of Justice where they are recorded and then forwarded to the Federal Bureau of Investigations for their annual Uniform Crime Report (UCR).
Santa Clara Police Department's Crime Statistics are available for viewing.
What is Uniform Crime Reporting?
Uniform Crime Reporting (UCR) is a statewide law enforcement program designed to provide a nationwide view of crime based on the submission of statistics by law enforcement agencies throughout the country. Each agency is required to report monthly crime statistics to the California Department of Justice, which will in turn be forwarded to the FBI. The FBI then uses this information to publish their annual Uniform Crime Report.
For practical purposes, the reporting of offenses known is limited to the crime classifications listed in the Part I Crimes Summary because they are crimes most likely to be reported and crimes that occur with sufficient frequency to provide an adequate basis for comparison.
Clery Act Hate Crime & Bias Reporting
Defining & Classifying Hate Crimes Under The Clery Act
The Clery Act defines hate crimes as a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For Clery Act purposes hate crimes include criminal homicide, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, and arson. Larceny-Theft, Simple Assault, Intimidation, and Destruction/Damage/ Vandalism of Property (see full descriptions in callout box on page 2) are included in your Clery Act statistics only if they are hate crimes.
Under the Clery Act, before an incident can be classified as a Hate Crime, sufficient objective facts must be present to lead a reasonable and prudent person to conclude that the offender’s actions were motivated, in whole or in part, by bias. While no single fact may be conclusive, facts such as the following, particularly when combined, are supportive of a finding of bias:
- the offender and the victim were of different identities (whether racial, sexual orientation, gender or gender identity, etc.)
- bias-related comments, markings, words were found at the scene of the crime
- several incidents involve victims that share an identity that was marginalized in the actions of the incident, to name a few.
Four Additional Crime Categories for Hate Crime Classification are Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism of Property. These crimes are Clery-reportable when there is evidnce the crime was motivated by bias.
The 8 bias categories can be found pn page 5 of the University's Clery Act Crime Definitions HERE.
Source: The Clery Center, Explaining Hate Crimes Under the Clery Act